Our Recycling Projects | Northern Rivers, NSW

Standard Terms and Conditions

Information for Consumers

To the extent permitted by law, our terms and conditions:

provide that you are liable for loss of or damage to equipment we hire to you. If you obtain the benefit of damage waiver there are some circumstances where we agree to waive our rights. However there are cases where damage waiver will not apply. These cases are listed in our terms in the clause about damage waiver. Please read them carefully so you understand the limitations of damage waiver in these cases.
indemnify us for claims including from injury and death arising in relation to the hired equipment unless caused by us or by something beyond your reasonable control.
indemnify us for claims for pollution, damage to the environment and costs we may incur processing your waste, particularly if you have not told us about all contaminants and hazardous materials in your waste.
allow us to terminate the hire on 5 business days’ notice even during a fixed hire period. You may ask us to waive this right and we may agree to do so.
exclude all promises and guarantees about the hire and the equipment unless we expressly give them, to the extent it is permitted under law for us to exclude liability that way.
limit our liability for consumer guarantees to supplying the relevant equipment again or the cost of doing so where it is permitted under law for us to limit liability that way.
exclude our liability for indirect or consequential loss to the extent it is permitted under law for us to limit liability that way.

1. APPLICATION OF TERMS

1.1 The meaning of words printed in italics like this and some other common key words is explained at the end of these terms. The words: you refers to the hirers, recipients and users of our equipment under a contract; equipment means any item of plant, equipment and tools (including any kind of vehicle) listed in a Schedule and includes parts and accessories for the plant, equipment and tools; and NCR, we, our and us refer to North Coast Recycling Pty Ltd (ABN 95 605 759 135) including each related body corporate of NCR, its successors, assigns and any person acting on NCR’s behalf with its authority; Schedule means the schedule to a contract describing the details of any hire of equipment to you. 1.2 Unless accompanied by a separate agreement issued by us or we agree otherwise in writing, these terms and conditions of hire (terms) apply to any contract, agreement or understanding between us and you, and cover the hire of any equipment from us to you (contract). 1.3 You accept these terms by entering into a contract with us; through your use of the equipment; by placing waste in any equipment or delivering any waste to us for processing; or by continuing to accept or use the equipment after being notified of a change to these terms.

1.4 All equipment is hired to you, and waste is processed for you, on these terms. No personnel employed by us or acting otherwise as our agent or purporting to do so has authority to hire equipment to you on any other terms and conditions or to vary these terms in any way whatsoever unless the person has been authorised to do so by us.

1.5 Except as provided in these terms, no variation of the contract is effective unless it is agreed to by us and you in writing.

1.6 You acknowledge that each contract constitutes a security agreement for the purpose of the PPSA, and that any one or more members of the NCR group may register a financing statement (or comparable notice) on behalf of itself and any other member(s) of the NCR group in respect of a security interest created by the contract.

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2. OUR BASIC ASSURANCES

2.1 We will act reasonably and fairly towards you, taking into account your interests and our business interests. That includes whenever we are:

(a) considering any request you make; or

(b) deciding whether to give our consent or to exercise a right, discretion or remedy in connection with the contract; or

Even if we don’t make a decision or do something straight away, we may still do so later on. This includes where we delay or defer doing so, or we agree to do or not to do something, or we temporarily waive a requirement.

2.2 We will:

(a) provide equipment to you in good working order;

(b) subject to these terms, allow you the exclusive use of the equipment for the hire period;

(c) collect the equipment, and any waste we have agreed to collect for processing, within 5 business days of being requested to do so by you and us agreeing to do so; and

(d) subject to these terms, process the waste placed in our equipment and collected by us from you or your site or delivered by you (or someone on your behalf) to us

3. YOUR BASIC ASSURANCES

3.1 You agree to carry out on time, or promptly if no time is specified, all your obligations to us under every contract including to pay the amount owing as agreed or where there is no agreement on demand.

3.2 You agree that:

(a) you do not breach any law or any obligation to any other person by signing the contract; (b) all the information you have given us (including the particulars in the Schedule provided by you) is correct in every respect and is not misleading in any way including, without limitation, by omission;

(d) you are not in default under clause 10.1; (e) the equipment will be used, and waste will be processed in accordance with these terms and any additional conditions outlined in the Schedule; (f) the equipment will not be used for any illegal purpose; (g) your vehicle is suitable for towing the equipment if required; (h) you will not, without our prior written consent, tamper with, repair or modify the equipment in any way, or permit another person to do so; and (i) you will not remove the equipment from the State of New South Wales without our prior written consent.

3.3 By entering into a contract with us for the collection and processing of waste, you promise that you have disclosed to us all material(s) that are or may be present in the waste including any contaminant in any concentration.

3.4 You acknowledge and agree that:

(a) we rely upon your promise in clause 3.3 to determine where and how the waste is to be processed, the method of processing (including any additional requirements for the safety and protection of our personnel and the environment), and the cost of processing; and

(b) the failure to accurately identify and disclose all materials that are or may be present in the waste may result in us either or both:

(i) charging you additional processing charges; or

(ii) refusing to collect or process the waste; and

(c) if we think the collection or proposed collection or delivery of waste may cause us to breach any environmental law or any approval or licence we hold in connection with the processing of waste, we may in our absolute discretion refuse to collect, take delivery of or process any waste.

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4. HIRE OF EQUIPMENT 4.1 The hire will commence from the commencement date specified in the Schedule and continue for the hire period specified in the Schedule. 4.2 We will use our reasonable endeavours to deliver the equipment at the requested time but will not be liable to you for a late delivery or non-delivery. 4.3 Normally, we will collect the equipment from you. If we agree to a pick-up, we will arrange to pick-up the equipment within 5 business days after a request to do so and we issue you with a pick-up number. You agree that you remain responsible for the equipment at all times whilst it is awaiting pick-up.

4.4 If the Schedule specifies that you are responsible for returning the equipment, then you agree to return the equipment at your expense to our premises on or before the end of the hire period and, unless we agree to another date for pick-up, you acknowledge that failure to do so may be treated as theft and immediately reported to the police.

5. INVOICING AND PAYMENT OF OUR CHARGES

5.1 You agree to pay us and indemnify us for:

(a) hire charges for the delivery, use and collection of the equipment; and

(b) all processing charges for the processing of waste placed in our equipment and collected by us from you or your site or delivered by you (or someone on your behalf) to us.

5.2 The required hire charges must be paid to us prior to or on the commencement date of the hire period and when otherwise due and payable periodically under the Schedule or as agreed with us. If you fail to pay the hire charges on these terms or any other terms we may agree with you, you will be in default. Equipment not returned on time and in accordance with the contract will be subject to a continuance of the agreed hire charges until return or pick-up (if agreed) is complete, but this will not constitute an extension of the hire period. 5.3 A reasonable cancellation fee may be charged by us where equipment has been reserved by booking and you cancel the booking without reasonable notice or fail to take delivery of the equipment. 5.4 Unless otherwise stated, the hire charges payable by you in relation to the equipment will be as stated in the Schedule. We reserve the right at any time to revise the hire charges by providing you with notice. However, the hire fee cannot be increased during an agreed fixed term hire unless you agree to the increase. Where the increase in hire fee applies to equipment already on hire by you, you may terminate the contract and return the equipment to us.

5.5 We may ask you to pay processing charges at any time including prior to or on the commencement of the hire period, even if we haven’t begun processing the waste.

5.6 You agree:

(a) to pay to us any amount owing by the due date;

(b) any amount owing that is not paid by the due date immediately becomes a debt that is due and payable to us;

(d) any processing charges notified to you before we process the waste may not be the total processing charges and those processing charges may increase depending on the volume and contents of the waste; and

(e) in addition to our rights in clause 3 or any rights under a contract, we may increase or decrease the hire charges of equipment during the hire period where we incur an increase or decrease in our costs (including any transaction or other taxes) of supplying the equipment.

5.7 We may charge you a reasonable fee for accepting payment by credit card and this may be up to the applicable permissible charge under legislation.

5.8 If you do not have a credit account with us then you must pay us for:

(a) the equipment at the time specified in any Schedule or, if there is no Schedule, at the time you place an order with us for such equipment; and

(b) processing charges when we ask.

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5.9 Where you have an established and approved credit account with us, you agree to comply with the terms and conditions of that credit account. We may charge you an administration fee as determined by us from time to time to cover credit card merchant fees and our associated overhead costs incurred in connection with providing that credit account.

5.10 The granting of credit does not oblige us to extend any particular amount of credit to you and we may withdraw, refuse, suspend or limit credit to you at any time, in our discretion, without notice or providing any reason.

5.11 If you have a credit account with us then, unless we agree otherwise:

(a) we may issue invoices for hire charges:

(i) on despatch of equipment;

(ii) when such equipment is delivered; and

(iii) at such other intervals or cycles as may be determined by us in our discretion from time to time;

(b) we may issue invoices for processing charges at such intervals or cycles as may be determined by us in our discretion from time to time;

(i) the last business day of the month during the month in which an invoice was issued; or

(ii) the due date,

whichever occurs first; and

(d) you must notify us in writing if (where you are a body corporate) there is any change in your shareholding or ownership or (in any case) any material change in your financial position.

5.12 Unless we agree otherwise, we will allocate and apply amounts received from you in the following order:

(a) first, in or towards payment of any part of the amount owing which is not part of the hire charges or processing charges, in the order in which those amounts were incurred; and

(b) secondly, in or towards payment of the hire charges in the order in which hire charges were invoiced; and

We will consider but we are not required to accept any instruction, request or appropriation of you as to the way in which a payment made by you should be applied by us, or any condition attached by you to any payment made by you.

5.13 If we deliver only part of an order, then we may invoice, and you must pay for, that part of the equipment delivered, unless we agree otherwise.

5.14 You are not entitled to set off against and deduct from any amount owing due to us any loss due to or claimed by you from us arising from or in connection with a contract or hire of equipment or processing of waste.

5.15 We may charge interest on any overdue amount owing at a rate equivalent to 2.5% p.a. above the business overdraft interest rate of our principal banker, as determined and calculated by us. This interest will be payable on demand by us and for so long as it remains unpaid will compound on a monthly basis.

5.16 A statement in writing issued by us as to any amount owing under a contract by you on the date stated in such statement is prima facie evidence that such amount is owing.

5.17 Unless we agree otherwise or as required by law, all amounts stated in a Schedule or payable under a contract are calculated or expressed exclusive of GST. If GST is payable, the amount of GST will be specified separately in the relevant documentation.

5.18 If GST is or becomes payable by you in relation to a supply under a contract, you must pay to us an amount equal to the GST. An amount of GST payable under this clause 5 must be paid:

(a) at the same time as the payment of the amount in respect of that supply is due; and

(b) in addition to the amount payable under the contract.

5.19 You are not obliged to pay any GST unless we have issued valid tax invoice to you but if you fail to pay such GST when due, we may recover it from you as a debt under the contract.

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5.20 For the purposes of this clause 5, terms used in this clause which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the meaning given to them in that Act.

6. DAMAGE WAIVER

6.1 You acknowledge and agree damage waiver is not insurance but is an agreement by us that your liability for damage to the equipment may be limited (in some circumstances only) to an amount called the damage waiver excess.

6.2 On payment of the damage waiver excess, we waive any claim we may have against you for the cost of repairs or replacement of the equipment due to loss or damage occurring during its use under this contract except in the following circumstance where damage waiver will not apply and will not limit your liability:

(a) where the loss or damage arises from or in connection with:

(i) your breach of this contract where the breach increased the risk of or causes the loss or damage; (ii) your breach of any law or regulations in connection with the use of the equipment by you where the breach increased the risk of or causes the loss or damage; (iii) misuse, abuse, wilful or malicious acts, negligent or reckless use of the equipment; (iv) theft, loss or damage by whatever cause to tools and/or accessories supplied with the equipment including but not limited to hoses, drills, bits, grease guns, electric leads, tyres and tubes;

(v) lack of lubrication or non-adherence to other normal maintenance requirements that are required by or could reasonably be expected of you under this contract; or (vi) disregard for instructions given to you by us in respect of the proper use of the equipment or in contradiction of the manufacturer’s instructions if supplied with the equipment at the commencement of hire; (b) where the equipment is lost or stolen; (c) where the equipment has been wilfully damaged at any time during the hire period; (d) where the damage is caused by rolling or detachment while the equipment is being driven or towed, or while the equipment is being driven or towed on any road that is unsealed or is not a public road;

(e) where the damage is caused in any way by overloading, or by a collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object whatsoever due to insufficient clearance; or

(f) where the damage is caused by flooding or general water damage.

6.3 This clause and our waiver cease to operate at the end of the hire period.

7. USE AND MAINTENANCE

7.1 You agree that:

(a) prior to using the equipment, you have inspected and familiarised yourself with the equipment including how to use it safely and properly in accordance with any manufacturer’s instructions; (b) the use of the equipment carries with it inherent dangers and risks of injury and you agree to accept all those dangers and risks. (c) the equipment must not be used by anyone other than you without our express written permission. (d) you will ensure that all persons using the equipment are instructed in its safe and proper use; and (e) the equipment will only be used for its intended purpose and in accordance with any manufacturer’s instructions and recommendations whether supplied by us or posted on (or attached to) the equipment in respect of its operation, maintenance and storage. 7.2 You agree to comply with all WHS legislation relating to the use of the equipment and associated operations.

8. LOSS, DAMAGE OR BREAKDOWN OF EQUIPMENT

8.1 Subject only to the provisions for damage waiver in these terms: (a) you must return the equipment in the same state and condition as it was when you take possession except for fair wear and tear; and

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(b) you are liable for any damage caused or allowed to the equipment by you and for the payment of the full replacement value of any equipment not returned to us. 8.2 If there is a breakdown or failure of the equipment, you must notify us immediately for the appropriate action to be taken.

9. LIABILITY & INDEMNITIES

9.1 To the full extent permitted by law, we exclude any implied or imposed guarantee, term, condition, promise, undertaking, inducement or representation in relation to these terms (provision). To the extent to which we are not able to exclude a provision (non-excludable provision), and we are able to limit your remedy for a breach of the non-excludable provision, then our liability for breach of the non-excludable provision is limited to (at our election):

(a) in the case of supply of equipment, the repair or replacement of the equipment or the supply of equivalent equipment (or the payment of the cost of doing so); and

(b) in the case of services, the supplying of the services again (or the payment of the cost of doing so).

9.2 Subject to our obligations under the non-excludable provisions in clause 9.1 and to the full extent permitted by law, you indemnify, release and hold us harmless us and all members of the NCR group from and against all claims and demands on us for any loss (whether direct, indirect, liquidated, special or consequential loss that we or any member of the NCR group sustains or incurs directly or indirectly howsoever arising in connection with:

(a) injury to or death of you or any other person;

(b) damage to any real or tangible property;

(d) breach of contract, condition or promise in the contract (whether express or implied), arising out of the use or misuse of the equipment under the hire or the presence of contaminants in waste except to the extent such loss directly arises from our negligent actions or omissions.

10. DEFAULT, TERMINATION AND REPOSSESSION

10.1 You are in default if:

(a) you do not pay any of the amount owing by the due date;

(b) you do not comply with a promise or an obligation under the contract to do or not do something;

(d) any security interest created under the contract does not have or loses the priority it is intended to have;

(e) any security interest granted by you is enforced or becomes enforceable;

(f) we believe on reasonable grounds that urgent action is necessary to protect any equipment including from seizure or sale or there is an imminent risk of loss, material damage or disappearance of the equipment; or

(g) the equipment is subject to a freezing or confiscation order.

10.2 If you are in default under clause 10.1, then you agree that, without prejudice to any other remedies we may have against you, and notwithstanding the period of hire specified in the Schedule, we may:

(a) treat the whole of the contract as repudiated;

(b) refuse to hire (or suspend the hire of) equipment to you;

(c) refuse to collect waste from you or commence or complete processing of waste or return any waste to the site or location from where it was collected;

(d) treat any other contract between you and us as repudiated;

(e) retake possession of any equipment, wherever it is located, and you agree that we may enter any premises where the equipment is situated to disconnect, decommission and remove or retake possession of that equipment; and

(f) terminate the contract immediately and without prior notice to you.

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10.3 You agree we may seek compensation from you for a breach of the contract including for loss of revenue whilst the equipment is not able to be hired to others (for example due to its damage or loss) and/or loss of rental that would have been earned had termination not occurred, but this does not limit our other rights at law.

10.4 Even if you are not in default, you agree that we may, by notice, terminate a contract for convenience within 5 business days of us giving you the notice.

10.5 If the contract is terminated under this clause 10, you are deemed to have been asked to pay, and you must immediately pay to us, any amount owing and return the equipment to us.

11. TITLE TO EQUIPMENT

11.1 You acknowledge and agree that:

(a) we retain title to the equipment and you have the right to use the equipment only as a mere bailee; and

(b) you have no right to, and you must not, agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt to part with personal possession or otherwise not to deal with the equipment and not to conceal or alter the equipment or make any addition or alteration to, the equipment without our prior written consent, and on any terms we may require in our absolute discretion.

12. PPSA

12.1 This clause applies to the extent that this contract provides for a ‘security interest’ for the purposes of the PPSA.

12.2 We may register our security interest. You must do anything (such as obtaining consents and signing documents) which we require for the purposes of ensuring that our security interest is enforceable, perfected, first priority and otherwise effective under the PPSA.

12.3 We may recover from you the cost of doing anything under this clause, including but not limited to registration fees.

12.4 Our rights under these terms are in addition to and not in substitution for our rights under other law (including the PPSA) and we may choose whether to exercise rights under these terms, and/or under other law, as we see fit. 12.5 To the extent that Chapter 4 of PPSA applies to any security interest under this contract, the following provisions of the PPSA do not apply and, for the purposes of section 115 of the PPSA are “contracted out” of this contract in respect of all equipment to which that section can be applied: section 95 (notice of removal of accession to the extent it requires us to give a notice to you); section 96 (retention of accession); section121(4) (notice to grantor); section125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires us to give a notice to you); sections 129(2) and 129(3); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security agreement). 12.6 The following provisions of the PPSA: section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) confer rights on us. You agree that in addition to those rights, we will, if there is default by you, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any equipment, not only under those sections but also, as additional and independent rights, under these terms and you agree that we may do so in any manner we see fit including (in respect of dealing and disposal) by private or public sale, lease or licence. 12.7 You waive you rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPSA. 12.8 We and you agree not to disclose information of the kind that can be requested under section 275(1) of the PPSA. You must do everything necessary on your part to ensure that section 275(6)(a) of the PPSA continues to apply. The agreement in this clause is made solely for the purpose of allowing us the benefit of section 275 (6)(a) and we will not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this clause. 12.9 You must: (a) not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPSA) in the equipment; or (b) lease, hire, bail or give possession (‘sub-hire’) of the equipment to anyone else,

without our prior written consent, and on any terms we may require in our absolute discretion.

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12.10 Despite anything else in these terms, the hire period (including any option or extension of it) cannot be longer than two years (or any other period that is the time threshold for a lease under the PPSA) without our prior written consent.

13. ATTORNEY

13.1 You irrevocably appoint us and each of our authorised officers, jointly and severally, to be your attorney to do any act or thing which you are required to do under a contract, if you are in default under the contract, including as described in clause 12.2 (including executing and registering instruments). We may exercise our powers even if this involves a conflict of duty and even if we have a personal interest in doing so. A third party may rely on a copy of these terms as evidence of the appointment of us as your attorney. You agree that you will ratify all acts and things done by us and our authorised officers in the lawful exercise of this power of attorney.

14. ELECTRONIC TRANSACTIONS

14.1 A contract may be signed:

(a) electronically in accordance with the Electronic Transactions Act 2000 (NSW); and

(b) by the respective parties by counterparts, which together will constitute one agreement,

and the contract date will be the date on which the last counterpart is signed.

15. NOTICES

15.1 Notices must be in writing. They may be:

(a) given personally (if they are for you and you are a corporation, to one of your directors; if they are for us, to one of our employees at our usual business premises);

(b) left at the address last notified;

(d) sent by email to the email address last notified; or

(e) given in any other way permitted by law.

15.2 Notices take effect from the time they are received unless a later time is specified in them.

15.3 If notices are sent:

(a) by post, they are taken to be received on the date they would have been delivered in the ordinary course of post; and

(b) by email which produces a delivery confirmation report, they are taken to be received at the time shown in the delivery confirmation report.

16. MISCELLANEOUS

16.1 Each contract is governed by the law of New South Wales. You and we submit to the non-exclusive jurisdiction of the courts of that place.

16.2 Where we are required by these terms to agree to do or not to do something, that agreement must be given in writing by us. If we do not give our agreement in writing, then we are not obliged to do or not do that thing.

16.3 We may assign or otherwise deal or novate our rights and obligations under a contract (in whole or in part) to any person or otherwise deal with the benefit of any contract without your consent. You agree to sign such documents as we may require to effect any such assignment, novation or other dealing. You may not assign, transfer or otherwise deal with your rights under a contract without prior notice to and written consent from us.

16.4 If a provision of the contract is void or voidable or unenforceable by us but would not be void or voidable or unenforceable if it were read down, it will be read down accordingly.

16.5 If despite clause 16.4 a provision of the contract is still void or voidable or unenforceable by us:

(a) if the provision would not be void or voidable or unenforceable if a word or words were omitted there from, that word or those words (as the case may be) are severed; and

(b) in any other case, the whole provision is severed, and the remainder of the contract has full force and effect.

16.6 If any law which makes unfair contract terms void could apply to a term in the contract, the following rules apply to interpreting that term:

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(a) if the law would make the term void because the term permits us to exercise a right or discretion in a way or to an extent that would cause detriment to you, the term will be read down and construed so as not to permit us to exercise the right or discretion in such a way or to such an extent but otherwise the term will be construed as permitting us to exercise the right or discretion in all ways and to any extent consistent with the term;

(b) if the law would make the term void because the term imposed a particular amount for a fee or charge, the term will be read down and construed as authorising the maximum amount for that fee or charge which would not cause the term to be void;

(c) if the law would make the term void because it authorised us to recover costs or loss to be calculated by us in a specified way or in a way we chose, the term will be read down and construed as authorising us to recover the maximum reasonable costs and loss to be calculated in a reasonable way that did not cause the term to be void; and

(d) if, despite the application of clauses 16.6(a), 16.6(b) and 16.6(c) to the term, the law would make the term void, the term is to be read down and construed as if it were varied, to the minimum extent necessary, so that the term is not void.

These reading down rules apply before any other reading down or severance provision in the contract.

17. DEFINITIONS

17.1 In these terms:

(a) amount owing means, at any time, all amounts payable by you to any member of the NCR group at that time (whether or not those amounts have become due for payment under any provision of these terms) and any amounts for which you have agreed to indemnify us, in connection with the hire of equipment, processing of waste or a contract (including, without limitation, any invoiced amount, interest, fees, costs or expenses).

(b) business day means a day other than a Saturday, Sunday or public holiday in Sydney, Australia.

(c) consequential loss means any loss of profit, loss of any contract (except for the contract), loss of revenue, loss of use, loss of business opportunities, loss of anticipated savings, damage to goodwill or loss of customers, arising in connection with a contract.

(d) contaminant means any hazardous substance. (e) contamination means any contaminant at a concentration above the concentration at which the substance is normally present in, on or under (respectively) land, air or water in the same locality, being a presence that presents a risk of harm to human health or any other aspect of the environment and contaminate has a corresponding meaning.

(f) contract means:

(i) a contract created between you and us in accordance with these terms whereby we agree to hire equipment to you and/or process waste for you; or

(ii) any other contract, arrangement or agreement to which these terms are expressed to form part.

(g) Corporations Act means the Corporations Act 2001 (Cth).

(h) damage waiver means the waiver we give under clause 6 of these terms. (i) damage waiver fee means the damage waiver fee (if any) specified in the Schedule.

(j) due date means the date that is within 7 days of when we issue an invoice or ask for payment of an amount owing.

(k) environment has the same meaning as in the PEO Act.

(l) environmental law means a standard set by a government agency or law concerning any aspect of health, safety, planning or the use, protection, conservation or contamination of the environment.

(m) hazardous substance includes any:

(i) toxic substance or hazardous waste or any constituent of any such substance or waste in any solid, liquid or gas, including acid sulphate soils; and

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(ii) 'hazardous substance' listed in the current version of the Hazardous Substances Information System (HSIS) document entitled HSIS Consolidated List – Alphabetical Index published by Safe Work Australia. (n) hire fee means the hire fee specified in the Schedule (or otherwise notified by us to you at or before the creation of a contract) for the use of the equipment for the hire period which may include charges and expenses incurred by us for delivery and collection arrangements to and from your site.

(o) hire charges means the hire fee, the damage waiver excess, the processing charges and any applicable GST, stamp duties, tolls, fines, penalties, levies or freight and other charges relevant to these terms and the hire. (p) hire period means the hire period specified in the Schedule.

(q) a person is insolvent if:

(i) they are (or state they are) an insolvent under administration or insolvent (each as defined in the Corporations Act);

(ii) they have an administrator appointed, are in liquidation, in provisional liquidation, under administration or wound up or have had a receiver appointed to any part of their property;

(iii) execution or distress or any other process is levied or attempted or imposed against or over any of their undertaking, property or assets;

(iv) a compromise, arrangement, assignment, moratorium or composition is proposed with, or becomes effective in relation to, their creditors or any class of their creditors (in each case, other than to carry out a reconstruction or amalgamation while solvent on terms approved by us);

(v) an application or order has been made (and, in the case of an application, it is not stayed, withdrawn or dismissed within 30 days), resolution passed, proposal put forward, or any other action taken, in each case in connection with them, which is preparatory to or could result in any of the things referred to above;

(vi) they are taken (under section 459F of the Corporations Act) to have failed to comply with a statutory demand;

(vii) they are the subject of an event described in section 459C(2)(b) or section 585 of the Corporations Act (or they make a statement from which we reasonably infer they are so subject);

(viii) they are a natural person, they commit an act of bankruptcy within the meaning of the Bankruptcy Act 1966 (Cth);

(ix) they are otherwise unable to pay their debts (including any amount owing) when they fall due; or

(x) something having a substantially similar effect to any of the things referred to above happens in connection with them under any law.

(r) loss means any actions, claims, losses, damages, penalties, demands or costs whatsoever (including, without limitation, legal fees, costs and disbursements on a full indemnity basis, whether incurred or awarded against a party) and all other liability. (s) NCR group means NCR and each related body corporate (as that term is defined in the Corporations Act) of NCR from time to time.

(t) notice means any notice, certificates and other communication in connection with a contract.

(u) PEO Act means the Protection of the Environment Operations Act 1997 (NSW).

(v) personnel means, in relation to a party, any natural person who is an employee, officer, agent or professional advisor of that party.

(w) pollution has the same meaning as in the PEO Act.

(x) pollution incident has the same meaning as in the PEO Act.

(y) PPSA means the Personal Property Securities Act 2009 (Cth).

(z) processing includes collection, recovery, disposal and recycling of waste and process and processed have corresponding meanings. (aa) processing charges means the processing fee specified in the Schedule for the processing of waste including all tolls, fines, penalties, fees, levies or freight and any other charges we incur, or expect to incur,

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in connection with the lawful processing of your waste (including at a licensed waste facility) even if they are not specified in the Schedule.

(bb) substance includes matter or thing.

(cc) waste has the same meaning as in the PEO Act.

(dd) WHS legislation means the Work Health and Safety Act 2011 (NSW) and the Work Helath and Safety Regulation 2017 (NSW).

17.2 Unless the contrary intention appears, a reference in a contract to:

(a) (clauses, annexures and schedules) a clause, item, annexure or schedule is a reference to a clause or item in or annexure or schedule to the contract;

(b) (variations or replacement) a document (including the terms) includes any variation or replacement of it;

(c) (reference to legislation) any legislation, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

(d) (law) law means common law, principles of equity, and laws made by a government agency and other instruments under them, and considerations, amendments, re-enactments or replacements of any of them;

(e) (singular includes plural) the singular includes the plural and vice versa;

(f) (person) the word “person” includes a natural person, partnership, joint venture, government agency, association, corporation or other body corporate or entity (as that term is defined in section 64A of the Corporations Act);

(g) (executors, administrators, successors) a particular person includes a reference to the person’s executors, administrators, successors, substitutes (including persons taking by novation) and assigns;

(h) (two or more persons) an agreement, representation or promise in favour of two or more persons is for the benefit of them jointly and each of them individually;

(i) (jointly and individually) an agreement, representation or promise by two or more persons binds them jointly and each of them individually;

(j) (calculation of time) a period of time dating from a given day or the day of an act or event, is to be calculated exclusive of that day, and a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later;

(k) (time of day) time is a reference to the time in Sydney, Australia;

(l) (from time to time) a power, an authority, or a discretion given to a party may be exercised at any time and from time to time;

(m) (reference to a group) a group of persons or things is a reference to any two or more of them jointly and to each of them individually;

(n) (meaning not limited) the words “include”, “including”, “for example” or “such as”, when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind;

(o) (reference to any thing) any thing (including any amount) is a reference to the whole and each part of it;

(p) (measurements) any measurement is a reference to Australian legal units of measurement within the meaning of the National Measurement Act 1960 (Cth); and

(q) (dollars) “dollars”, “$”, “A$” or “AUD” is a reference to the lawful currency of Australia.

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